Common use of Data Processing and Transfer Clause in Contracts

Data Processing and Transfer. ArcherDX shall not process or transfer Personal Data subject to this Agreement to a country outside of the United States of America, EU, European Economic Area or Switzerland without MRK’s prior written consent; such consent is provided by concluding EU Standard Contractual Clauses (including concluding new versions of EU Standard Contractual Clauses, once adopted by the EU Commission; the current version is attached in Attachment 7). In the event of a discrepancy between any terms or conditions set forth in this Agreement and such EU Standard Contractual Clauses, the terms of those EU Standard Contractual Clauses shall govern.